A04422 Memo:

BILL NUMBER:A4422A
TITLE OF BILL: An act to amend the election law, in relation to
enacting the agreement among the states to elect the president by
national popular vote
PURPOSE OR GENERAL IDEA OF BILL:
To make an interstate agreement among member states to award their
electoral votes for president to the candidate that receives a
majority of the popular vote cast within all 50 states including the
District of Columbia, These participating states will award their
electoral votes together in an effort to reflect the will of the
majority of voters who participated in the election.
SUMMARY OF SPECIFIC PROVISIONS:
Section 12-400 - Short title -"agreement among the states to elect the
president by national popular vote"
Section 12-402 - Adoption and text compact.
JUSTIFICATION:
Article 11 of the United States Constitution explicitly outlines the
manner in which the President and Vice President are elected saying
that "Each State shall appoint, in such a manner as the Legislature
thereof may direct, a Number of Electors, equal to the whole numbers
of Senators and Representatives to which the State may be entitled to
in the Congress..."
21st Century politics has created a system in which candidates are
provided with voting histories, demographic analysis, and scores of
other types of information that shapes how campaign time and money is
spent. Certain states may be deemed "Red", or historically in support
of Republican candidates or "Blue", meaning historically in support of
Democratic candidates. In addition, candidates for President have
spent a majority of their time campaigning in "battleground states"
that research has shown to be evenly divided and a potential victory
for either candidate, while depending on the votes from "Red" or
"Blue" states without working to earn them.
Also in the Presidential elections of 2000 and 2004, the winners were
selected based upon the outcomes of elections in one state or less
because of their weight in the Electoral College. The "winner take
all" system is no longer adequate, and the voice of millions of
Americans should not be concentrated into the outcome of one state's
election.
This interstate agreement would send a clear message to Presidential
candidates that no citizens' vote can be expected based upon party
affiliation alone. An office that is representing all 50 states should
be filled by a candidate who campaigned in all 50 states to gain the
knowledge and support of all citizens.
A federal constitutional amendment (requiring two-thirds of Congress
and 38 states) is not required to change the state laws that currently
specify use of the winner-take-all rule. Nationwide popular election
of the President can be implemented if the states join together to
pass identical state laws awarding all of their electoral votes to the
presidential candidate receiving the most popular votes in all 50
states and the District of Columbia. The proposed state legislation
would come into effect only when it has been enacted, in identical
form, by enough states to elect a President- that is, by states
possessing a majority (270) of the 538 electoral votes.
PRIOR LEGISLATIVE HISTORY:
2011-12- A.489- Advanced to 3rd Reading Ca1.15/S.4208- Passed Senate
2009-10- A.1580-A- Advanced to 3rd Reading cal. 508/S.2286-Passed
Senate
2007-08- A.3883-A- Advanced to 3rd Reading cal. 972/S.7582- Referred
to Elections
2005-06- A.11563- Referred to Election Law/A.12102- Referred to
Election Law
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect immediately; provided that the commissioner
of the State Board of Elections shall notify the Legislative Bill
Drafting Commission upon the concurrence of the adoption of the
agreement among the states to elect the president by national popular
vote by two or more states in order that the commission may maintain
an accurate and timely effective data base of the official text of the
laws of the state of New York in furtherance of effecting the
provisions of section 44 of the legislative law and section 70-b of
the public officers law; provided, however, that this act shall expire
and be deemed repealed December 31, 2018 if the states cumulatively
possessing a majority of the electoral votes have not enacted the
provisions of the agreement among the states to elect the president by
national popular vote, and provided that the commissioner of the State
Board of Elections shall notify the legislative bill drafting
commission of such expiration

A04422 Text:

S T A T E O F N E W Y O R K
________________________________________________________________________
4422--A
Cal. No. 202
2013-2014 Regular Sessions
I N A S S E M B L Y
February 5, 2013
___________
Introduced by M. of A. DINOWITZ, THIELE, MILLMAN, GALEF, LAVINE,
KAVANAGH, GOTTFRIED, COOK, JAFFEE, TITUS, ENGLEBRIGHT, PERRY,
O'DONNELL, PAULIN, LIFTON, CAMARA, ROBINSON, ORTIZ, RIVERA, RAMOS,
QUART, BROOK-KRASNY, COLTON, BRENNAN, SCHIMEL, HOOPER, LUPARDO,
GUNTHER, ROSENTHAL, WEPRIN, MILLER, MAGNARELLI, RODRIGUEZ, GOLDFEDER,
ZEBROWSKI, STECK, SEPULVEDA, STIRPE, MOSLEY, KIM, SKOUFIS, GJONAJ,
BRAUNSTEIN, MAYER, BENEDETTO -- Multi-Sponsored by -- M. of A. ABINAN-
TI, ARROYO, BARRETT, BRINDISI, CRESPO, CROUCH, CYMBROWITZ, DenDEKKER,
DUPREY, FAHY, GLICK, HAWLEY, HEASTIE, HENNESSEY, JACOBS, KEARNS,
LENTOL, P. LOPEZ, MAGEE, MARKEY, McDONALD, McDONOUGH, MONTESANO, MOYA,
OAKS, OTIS, ROSA, ROZIC, RYAN, SCARBOROUGH, SIMANOWITZ, SKARTADOS,
SOLAGES, SWEENEY, TITONE, WEINSTEIN, WEISENBERG -- read once and
referred to the Committee on Election Law -- advanced to a third read-
ing, amended and ordered reprinted, retaining its place on the order
of third reading
AN ACT to amend the election law, in relation to enacting the agreement
among the states to elect the president by national popular vote
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Article 12 of the election law is amended by adding a new
2 title 4 to read as follows:
3 TITLE IV
4 AGREEMENT AMONG THE STATES TO ELECT THE
5 PRESIDENT BY NATIONAL POPULAR VOTE
6 SECTION 12-400. SHORT TITLE.
7 12-402. ADOPTION AND TEXT OF COMPACT.
8 S 12-400. SHORT TITLE. THIS TITLE SHALL BE KNOWN AND MAY BE CITED AS
9 "AGREEMENT AMONG THE STATES TO ELECT THE PRESIDENT BY NATIONAL POPULAR
10 VOTE".
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02626-06-4
A. 4422--A 2
1 S 12-402. ADOPTION AND TEXT OF COMPACT. THE AGREEMENT AMONG THE STATES
2 TO ELECT THE PRESIDENT BY NATIONAL POPULAR VOTE IS ADOPTED AND ENACTED
3 INTO LAW AS FOLLOWS:
4 ARTICLE I
5 MEMBERSHIP. ANY STATE OF THE UNITED STATES AND THE DISTRICT OF COLUM-
6 BIA MAY BECOME A MEMBER OF THIS AGREEMENT BY ENACTING THIS AGREEMENT.
7 ARTICLE II
8 RIGHT OF THE PEOPLE IN MEMBER STATES TO VOTE FOR PRESIDENT AND VICE
9 PRESIDENT. EACH MEMBER STATE SHALL CONDUCT A STATEWIDE POPULAR ELECTION
10 FOR PRESIDENT AND VICE PRESIDENT OF THE UNITED STATES.
11 ARTICLE III
12 MANNER OF APPOINTING PRESIDENTIAL ELECTORS IN MEMBER STATES. 1. PRIOR
13 TO THE TIME SET BY LAW FOR THE MEETING AND VOTING BY THE PRESIDENTIAL
14 ELECTORS, THE CHIEF ELECTION OFFICIAL OF EACH MEMBER STATE SHALL DETER-
15 MINE THE NUMBER OF VOTES FOR EACH PRESIDENTIAL SLATE IN EACH STATE OF
16 THE UNITED STATES AND IN THE DISTRICT OF COLUMBIA IN WHICH VOTES HAVE
17 BEEN CAST IN A STATEWIDE POPULAR ELECTION AND SHALL ADD SUCH VOTES
18 TOGETHER TO PRODUCE A "NATIONAL POPULAR VOTE TOTAL" FOR EACH PRESIDEN-
19 TIAL SLATE.
20 2. THE CHIEF ELECTION OFFICIAL OF EACH MEMBER STATE SHALL DESIGNATE
21 THE PRESIDENTIAL SLATE WITH THE LARGEST NATIONAL POPULAR VOTE TOTAL AS
22 THE "NATIONAL POPULAR VOTE WINNER".
23 3. THE PRESIDENTIAL ELECTOR CERTIFYING OFFICIAL OF EACH MEMBER STATE
24 SHALL CERTIFY THE APPOINTMENT IN THAT OFFICIAL'S OWN STATE OF THE ELEC-
25 TOR SLATE NOMINATED IN THAT STATE IN ASSOCIATION WITH THE NATIONAL POPU-
26 LAR VOTE WINNER.
27 4. AT LEAST SIX DAYS BEFORE THE DAY FIXED BY LAW FOR THE MEETING AND
28 VOTING BY THE PRESIDENTIAL ELECTORS, EACH MEMBER STATE SHALL MAKE A
29 FINAL DETERMINATION OF THE NUMBER OF POPULAR VOTES CAST IN THE STATE FOR
30 EACH PRESIDENTIAL SLATE AND SHALL COMMUNICATE AN OFFICIAL STATEMENT OF
31 SUCH DETERMINATION WITHIN TWENTY-FOUR HOURS TO THE CHIEF ELECTION OFFI-
32 CIAL OF EACH OTHER MEMBER STATE.
33 5. THE CHIEF ELECTION OFFICIAL OF EACH MEMBER STATE SHALL TREAT AS
34 CONCLUSIVE AN OFFICIAL STATEMENT CONTAINING THE NUMBER OF POPULAR VOTES
35 IN A STATE FOR EACH PRESIDENTIAL SLATE MADE BY THE DAY ESTABLISHED BY
36 FEDERAL LAW FOR MAKING A STATE'S FINAL DETERMINATION CONCLUSIVE AS TO
37 THE COUNTING OF ELECTORAL VOTES BY CONGRESS.
38 6. IN EVENT OF A TIE FOR THE NATIONAL POPULAR VOTE WINNER, THE PRESI-
39 DENTIAL ELECTOR CERTIFYING OFFICIAL OF EACH MEMBER STATE SHALL CERTIFY
40 THE APPOINTMENT OF THE ELECTOR SLATE NOMINATED IN ASSOCIATION WITH THE
41 PRESIDENTIAL SLATE RECEIVING THE LARGEST NUMBER OF POPULAR VOTES WITHIN
42 THAT OFFICIAL'S OWN STATE.
43 7. IF, FOR ANY REASON, THE NUMBER OF PRESIDENTIAL ELECTORS NOMINATED
44 IN A MEMBER STATE IN ASSOCIATION WITH THE NATIONAL POPULAR VOTE WINNER
45 IS LESS THAN OR GREATER THAN THAT STATE'S NUMBER OF ELECTORAL VOTES, THE
46 PRESIDENTIAL CANDIDATE ON THE PRESIDENTIAL SLATE THAT HAS BEEN DESIG-
47 NATED AS THE NATIONAL POPULAR VOTE WINNER SHALL HAVE THE POWER TO NOMI-
48 NATE THE PRESIDENTIAL ELECTORS FOR THAT STATE AND THAT STATE'S PRESIDEN-
49 TIAL ELECTOR CERTIFYING OFFICIAL SHALL CERTIFY THE APPOINTMENT OF SUCH
50 NOMINEES.
51 8. THE CHIEF ELECTION OFFICIAL OF EACH MEMBER STATE SHALL IMMEDIATELY
52 RELEASE TO THE PUBLIC ALL VOTE COUNTS OR STATEMENTS OF VOTES AS THEY ARE
53 DETERMINED OR OBTAINED.
A. 4422--A 3
1 9. THIS ARTICLE SHALL GOVERN THE APPOINTMENT OF PRESIDENTIAL ELECTORS
2 IN EACH MEMBER STATE IN ANY YEAR IN WHICH THIS AGREEMENT IS, ON JULY
3 TWENTIETH, IN EFFECT IN STATES CUMULATIVELY POSSESSING A MAJORITY OF THE
4 ELECTORAL VOTES.
5 ARTICLE IV
6 OTHER PROVISIONS. THIS AGREEMENT SHALL TAKE EFFECT WHEN STATES CUMULA-
7 TIVELY POSSESSING A MAJORITY OF THE ELECTORAL VOTES HAVE ENACTED THIS
8 AGREEMENT IN SUBSTANTIALLY THE SAME FORM AND THE ENACTMENTS BY SUCH
9 STATES HAVE TAKEN EFFECT IN EACH STATE. ANY MEMBER STATE MAY WITHDRAW
10 FROM THIS AGREEMENT, EXCEPT THAT A WITHDRAWAL OCCURRING SIX MONTHS OR
11 LESS BEFORE THE END OF A PRESIDENT'S TERM SHALL NOT BECOME EFFECTIVE
12 UNTIL A PRESIDENT OR VICE PRESIDENT SHALL HAVE BEEN QUALIFIED TO SERVE
13 THE NEXT TERM. THE CHIEF EXECUTIVE OF EACH MEMBER STATE SHALL PROMPTLY
14 NOTIFY THE CHIEF EXECUTIVE OF ALL OTHER STATES OF WHEN THIS AGREEMENT
15 HAS BEEN ENACTED AND HAS TAKEN EFFECT IN THAT OFFICIAL'S STATE, WHEN THE
16 STATE HAS WITHDRAWN FROM THIS AGREEMENT, AND WHEN THIS AGREEMENT TAKES
17 EFFECT GENERALLY.
18 THIS AGREEMENT SHALL TERMINATE IF THE ELECTORAL COLLEGE IS ABOLISHED.
19 IF ANY PROVISION OF THIS AGREEMENT IS HELD INVALID, THE REMAINING
20 PROVISIONS SHALL NOT BE AFFECTED.
21 ARTICLE V
22 DEFINITIONS. FOR PURPOSES OF THIS AGREEMENT:
23 1. "CHIEF EXECUTIVE" SHALL MEAN THE GOVERNOR OF A STATE OF THE UNITED
24 STATES OR THE MAYOR OF THE DISTRICT OF COLUMBIA.
25 2. "ELECTOR SLATE" SHALL MEAN A SLATE OF CANDIDATES WHO HAVE BEEN
26 NOMINATED IN A STATE FOR THE POSITION OF PRESIDENTIAL ELECTOR IN ASSOCI-
27 ATION WITH A PRESIDENTIAL SLATE.
28 3. "CHIEF ELECTION OFFICIAL" SHALL MEAN THE STATE OFFICIAL OR BODY
29 THAT IS AUTHORIZED TO CERTIFY THE TOTAL NUMBER OF POPULAR VOTES FOR EACH
30 PRESIDENTIAL SLATE.
31 4. "PRESIDENTIAL ELECTOR" SHALL MEAN AN ELECTOR FOR PRESIDENT AND VICE
32 PRESIDENT OF THE UNITED STATES.
33 5. "PRESIDENTIAL ELECTOR CERTIFYING OFFICIAL" SHALL MEAN THE STATE
34 OFFICIAL OR BODY THAT IS AUTHORIZED TO CERTIFY THE APPOINTMENT OF THE
35 STATE'S PRESIDENTIAL ELECTORS.
36 6. "PRESIDENTIAL SLATE" SHALL MEAN A SLATE OF TWO PERSONS, THE FIRST
37 OF WHOM HAS BEEN NOMINATED AS A CANDIDATE FOR PRESIDENT OF THE UNITED
38 STATES AND THE SECOND OF WHOM HAS BEEN NOMINATED AS A CANDIDATE FOR VICE
39 PRESIDENT OF THE UNITED STATES, OR ANY LEGAL SUCCESSORS TO SUCH PERSONS,
40 REGARDLESS OF WHETHER BOTH NAMES APPEAR ON THE BALLOT PRESENTED TO THE
41 VOTER IN A PARTICULAR STATE.
42 7. "STATE" SHALL MEAN A STATE OF THE UNITED STATES AND THE DISTRICT OF
43 COLUMBIA.
44 8. "STATEWIDE POPULAR ELECTION" SHALL MEAN A GENERAL ELECTION IN WHICH
45 VOTES ARE CAST FOR PRESIDENTIAL SLATES BY INDIVIDUAL VOTERS AND COUNTED
46 ON A STATEWIDE BASIS.
47 S 2. This act shall take effect immediately; provided that the commis-
48 sioner of the state board of elections shall notify the legislative bill
49 drafting commission upon the occurrence of the adoption of the agreement
50 among the states to elect the president by national popular vote by two
51 or more states in order that the commission may maintain an accurate and
52 timely effective data base of the official text of the laws of the state
53 of New York in furtherance of effecting the provisions of section 44 of
54 the legislative law and section 70-b of the public officers law;
A. 4422--A 4
1 provided, however, that this act shall expire and be deemed repealed
2 December 31, 2018 if the states cumulatively possessing a majority of
3 the electoral votes have not enacted the provisions of the agreement
4 among the states to elect the president by national popular vote, and
5 provided that the commissioner of the state board of elections shall
6 notify the legislative bill drafting commission of such expiration.